S2815

An Act concerning endangering the welfare of certain persons and amending N.J.S.2C:24-7 and N.J.S.2C:24-8.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:24-7 is amended to read as follows:

N.J.S.2C:24-7. Endangering the Welfare of an Incompetent Person.

a. [A person] An actor is guilty of a disorderly persons offense when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect.

b. An actor is guilty of a crime of the fourth degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect when the actor knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of the person.

c. An actor is guilty of a crime of the third degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect and the actor abandons the person or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the person. For purposes of this section "abandon" means the willful desertion or forsaking of the person who is unable to care for himself because of mental disease or defect.

d. An actor is guilty of a crime of the second degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect and the actor causes the person harm that would make the person abused or neglected as those terms are defined in section 2 of P.L.1993, c.249 (C.52:27D-407).

e. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.

(cf: N.J.S.2C:24-7)

2. Section 1 of P.L.1989, c.23 (C.2C:24-8) is amended to read as follows:

1. Abandonment, Neglect of Elderly Person, Disabled Adult.

a. An actor is guilty of a disorderly persons offense when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person 60 years of age or older or a disabled adult.

b. An actor is guilty of a crime of the fourth degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person 60 years of age or older or a disabled adult when the actor knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of the person.

c. A person having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who abandons the elderly person or disabled adult or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the elderly person or disabled adult, is guilty of a crime of the third degree. For purposes of this section "abandon" means the willful desertion or forsaking of an elderly person or disabled adult.

d. A person having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who causes the elderly person or disabled adult harm that would make the elderly person or disabled adult abused or neglected as those terms are defined in section 2 of P.L.1993, c.249 (C.52:27D-407) is guilty of a crime of the second degree.

[b.] e. A person shall not be considered to commit an offense under this section for the sole reason that he provides or permits to be provided nonmedical remedial treatment by spiritual means through prayer alone in lieu of medical care, in accordance with the tenets and practices of the elderly person's or disabled adult's established religious tradition, to an elderly person or disabled adult to whom he has a legal duty to care for or has assumed responsibility for the care of.

[c.] f. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.

(cf: P.L.1999, c.8)

3. This act shall take effect immediately.

STATEMENT

This bill would increase the penalties for knowingly mistreating disabled persons. The bill is intended to facilitate the prosecution of abusers who take advantage of their victims’ helplessness.

The bill upgrades the penalties for N.J.S.A.2C:24-7, “Endangering the Welfare of an Incompetent Person” and N.J.S.A.2C:24-8, “Abandonment, Neglect of Elderly Person, Disabled Adult,” and makes various changes to both statutes to make them consistent. The bill establishes a gradation of criminal offenses, ranging from a disorderly persons offense to a crime of the second degree, for acts committed against a person 60 years of age or older, a disabled adult, or a person who is unable to care for himself because of mental disease or defect.

Currently, N.J.S.A.2C:24-7 makes it a disorderly persons offense for any person to knowingly act in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect. N.J.S.A.2C:24-8 currently makes it a crime of the third degree for a person having a legal duty to care for a person 60 years of age or older or a disabled adult to unreasonably neglect to do, or fail to permit to be done, any act necessary for the physical or mental health of the disabled adult. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both; a crime of the third degree, by a term of imprisonment of three to five years or a fine of up to $15,000 or both.

The bill provides that the same penalties would apply for offenses committed under N.J.S.A.2C:24-7 and offenses committed under N.J.S.A.2C:24-7.

Disorderly Persons Offense

Under the provisions of the bill, it would be a disorderly persons offense under N.J.S.A.2C:24-8 to knowingly act in a manner likely to be injurious to the physical, mental or moral welfare of a person 60 years of age or older or a disabled adult. The disorderly persons offense for committing such an act pursuant to N.J.S.A.2C:24-7 would be unchanged.

Crime of the Fourth Degree

The bill amends both sections of law to make it a crime of the fourth degree if the actor has a legal duty to care for, or has assumed continuing responsibility for, the care of a person 60 years of age or older, a disabled adult, or a person who is unable to care for himself because of mental disease or defect, and knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of such person. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

Crime of the Third Degree

The bill amends N.J.S.A.2C:24-7 to make it a crime of the third degree if the actor has a legal duty to care for the person unable to care for himself, or has assumed continuing responsibility for such care, and abandons the person or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the person. The third degree crime for committing these acts pursuant to N.J.S.A.2C:24-8 would be unchanged.

Crime of the Second Degree

The bill amends both sections of law to provide that if an actor has a legal duty to care for, or responsibility for the care of, a person 60 years of age or older, a disabled adult, or a person who is unable to care for himself because of mental disease or defect, and causes such person harm that would make him abused or neglected, the actor would be guilty of a crime of the second degree. A crime of the second degree is punishable by a term of five to ten years or a fine up to $150,000, or both.